Opinion
No. 20321.
Delivered March 29, 1939.
1. — Appeal — Statement of Facts and Bills of Exception.
Where the record was before the Court of Criminal Appeals without a statement of facts or bills of exceptions, no question was presented for review.
2. — Failure to Stop and Render Aid — Sentence Reformed — Indeterminate Sentence Law.
Where the trial court in sentencing defendant failed to observe the indeterminate sentence law, the sentence was reformed so as to read that defendant be confined in the state penitentiary not less than one hour nor more than three and one-half years and, as thus reformed, conviction for failure to stop and render aid was affirmed.
Appeal from District Court of Nacogdoches County. Hon. C. E. Brazil, Judge.
Appeal from conviction for failure to stop and render aid; penalty, confinement in penitentiary for three and one-half years.
Sentence reformed, and, as reformed, affirmed.
The opinion states the case.
Denman Fowler, of Nacogdoches, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The appellant was convicted of the offense of failure to stop and render aid, and his punishment assessed at three and one-half years confinement in the penitentiary.
The record is before us without a statement of facts or bills of exception, hence no question is presented for review.
We note that the trial court, in sentencing appellant, failed to observe the indeterminate sentence law, Vernon's Ann. C. C. P. Art. 775. Therefore the sentence will be reformed so as to read that appellant be confined in the State penitentiary not less than one hour nor more than three and one-half years, and as thus reformed the judgment will be affirmed.